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4970 Street ImprovementsORDINANCE N0. 4970 AN ORDINANCE providing for the curbing and guttering and grading of Oakdale Avenue i 1 WHEREAS, by Resolutions No. 778, 779, 780, 781, 782 and 783, duly adopted by the Board of Commissioners of the City of Salina on March 18, 1940, said Board of Com- missioners have declared that they deem it necessary to improve certain portions of certain streets and alleys in the City of Salina to the extent provided for in said resolutions and as hereinafter provided for and within the limits provided for in said resolutions and as hereinafter provided for, and 1a'HEREAS, said resolutions were each duly published for six days in the Salina Journal, a daily (except Sunday) newspaper in said city and the official city paper and no suf- ficient protest, or any protest, against said improvements or any of them have been filed within the time and in the manner provided by law; NOW THEREFORE BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. That it is necessary and it is hereby ordered that Oakdale Avenue from the north line of Ash Street to the south line of Elm Street be curbed and guttered and that such street within such limits be excavated and graded to such extent as may be necessary for the completion of said work, and that said street be graded between the curb and gutter so constructed, to conform to the grade of i I such curb and gutter, and that at the intersection of streets and alleys said curb and gutter shall be carried back to the lot line of the street so improved, the distance between such curb and gutter on each side of said street to be 28 feet from toe to toe of gutter. Section 2. That it is necessary and it is hereby ordered that Tenth Street I from the center line of Pacific Avenue to the center line of Harsh Avenue be curbed and guttered and that such street within such limits be excavated and gfaded to such extent as may be necessary for the completion of said work, and that said street be graded between the curb and gutter so constructed, to conform to the grade of such curb and gutter, and that at the intersection of streets and alleys said curb and gutter shall be carried back to the lot line of the street so improved, the distance between such curb and gutter on each side of said street to be 28 feet from toe to toe of gutter. Section 3. That it is necessary and it is hereby ordered that Frost Street from the west line of Eleventh Street to the east line of Sherman Street be curbed and guttered and that such street within such limits be excavated and graded to such extent as may be necessary for the completion of said work, and that said street be graded between the curb and gutter so constructed, to conform to the grade of such curb and gutter, and that at the intersection of streets and alleys said curb and gutter shall be carried back to the lot line of the strert so improved, the distance between such curb and gutter on each side of said street to be 28 feet j from toe to toe of gutter. from the north line of Ash Street to the south line of Elm ree ; Tenth Street from the center_ line of Pacific Avenue to the center line of Harsh Avenue; Frost Street from the west line of Eleventh Street to the east line of Sherman Street; Brown Street from the west line of Eleventh Street to the east line of herman Street; Tenth Street from the south line of Franklin Street to a point 000 feet south of the south line of Franklin Street; and for the paving and grading of the alley lying between Santa Fe Avenue and Fifth Street from the soutelne of Ash Street to the north line of Iron Avenue and providing for the cost of such improvements and how the same shall be assessed and the manner of payment therefor. i 1 WHEREAS, by Resolutions No. 778, 779, 780, 781, 782 and 783, duly adopted by the Board of Commissioners of the City of Salina on March 18, 1940, said Board of Com- missioners have declared that they deem it necessary to improve certain portions of certain streets and alleys in the City of Salina to the extent provided for in said resolutions and as hereinafter provided for and within the limits provided for in said resolutions and as hereinafter provided for, and 1a'HEREAS, said resolutions were each duly published for six days in the Salina Journal, a daily (except Sunday) newspaper in said city and the official city paper and no suf- ficient protest, or any protest, against said improvements or any of them have been filed within the time and in the manner provided by law; NOW THEREFORE BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. That it is necessary and it is hereby ordered that Oakdale Avenue from the north line of Ash Street to the south line of Elm Street be curbed and guttered and that such street within such limits be excavated and graded to such extent as may be necessary for the completion of said work, and that said street be graded between the curb and gutter so constructed, to conform to the grade of i I such curb and gutter, and that at the intersection of streets and alleys said curb and gutter shall be carried back to the lot line of the street so improved, the distance between such curb and gutter on each side of said street to be 28 feet from toe to toe of gutter. Section 2. That it is necessary and it is hereby ordered that Tenth Street I from the center line of Pacific Avenue to the center line of Harsh Avenue be curbed and guttered and that such street within such limits be excavated and gfaded to such extent as may be necessary for the completion of said work, and that said street be graded between the curb and gutter so constructed, to conform to the grade of such curb and gutter, and that at the intersection of streets and alleys said curb and gutter shall be carried back to the lot line of the street so improved, the distance between such curb and gutter on each side of said street to be 28 feet from toe to toe of gutter. Section 3. That it is necessary and it is hereby ordered that Frost Street from the west line of Eleventh Street to the east line of Sherman Street be curbed and guttered and that such street within such limits be excavated and graded to such extent as may be necessary for the completion of said work, and that said street be graded between the curb and gutter so constructed, to conform to the grade of such curb and gutter, and that at the intersection of streets and alleys said curb and gutter shall be carried back to the lot line of the strert so improved, the distance between such curb and gutter on each side of said street to be 28 feet j from toe to toe of gutter. Section 4. That it is necessary and it is hereby ordered that Brown Street i from the west line of Eleventh Street to the east line of Sherman Street be curbed I and guttered and that such street within such limits be excavated and graded to such i extent as may be necessary for the completion of said work, and that said street be graded between the curb and gutter so constructed, to conform to the grade of such i curb and gutter, and that at the intersection of streets and alleys said curb and gutter shall be carried back to the lot line of the street so improved, the distance between such curb and gutter on each side of said street to be 28 feet from toe to toe of gutter. i Section 5. That it is necessary and it is hereby ordered that Tenth Street from the south line of Franklin Street to a point 300 feet south of the south line of Franklin Street be curbed and guttered and that such street within such limits be excavated and graded to such extent as may be necessary for the completion of said work, and that said street be graded between the curb and gutter so constructed, r to conform to the grade of such curb and gutter, and that at the intersection of I streets and alleys sa'd curb and gutter shall be carried back to the lot line of the street so improved, the distance between such curb and gutter on each side of said street to be 28 feet from tce to toe of gutter. Section 6. That it is necessary and it is hereby ordered that the alley lying between Santa Fe A enue and Fifth Street from the south line of Ash Street R to the north line of Iron Avenue be paved and that such alley within such limits be excavated and graded to such extent as may be necessary for the completion of said work. Section 7. For the work and improvements herein provided for in the preceding i sections of this ordinance the City Engineer shall make and file with the City Clerk on or before May 6, 1940, complete plans and specifications for the improvements to i be constructed as provided for in this ordinance including the excavation and grading as herein provided for with the following materials: Concrete Combined Curb and Gutter; six inches in wi.dthy 12 inches in heighth at back, and 24 inch gutter. Alley Paving: Six inch reinforced concrete, and said City Engineer shall on or before the same date submit to the Board of Com- missioners under oath detailed estimates of the cost of such work and improvements with such materials; provided that separate plans, specifications and estimates shall be made and filed by the City Engineer for each of the separate improvements pro- vided for in the preceding sections of this ordinance. Section 8. That after such plans and specifications shall have been made and prepared by the City Engineer and filed with the City Clerk as aforesaid the Board of Commissioners may advertise by advertisement published in the official city paper of the City of Salina, Kansas for three consecutive days for the receipt of sealed proposals for the improving of said streets with the kind of material named and L 1 1 specified in the preceding section hereof, and for the excavating and grading necessary for the co:apletion of such work, and after the receipt of such proposals the said Board of Commissioners may and are hereby authorized to let contracts for the improving of said streets with the material selected by them to the lovr- est responsible bidder or bidders tnerefor, as determined by said Board of Com- missioners, and for such excavating and grading. Said Board of Commissioners reserve the right to reject any and all bids; ?ROJIDED, that if no resaonsible bid shall be received for any of such work within the estimate made and filed by the City Engineer covering such work, the Board of Commissioners shall pro- ceed to construct said improvements or any part thereof within the estimated cost thereof under the direction of the City Engineer and shall purchase the necessary tools, apparatus, materials and employ the necessary labor for the purpose of constructing such improvements or any portion thereof for which con- tracts are not let. Section 9. That such portion of the cost of such improvements as can be secured for such purpose shall bd paid from money to be secured from the Federal Emergency Administration of Public Works or from the Works Progress Administration or from other federal or state agencies as may be authorized to advance money or make grants for such purposes under the provisions of the Acts of Congress of the laws of the State of Kansas in such cases made and provided relating i to the granting of money for such purposes or such ;portion of the labor as i may be necessary in the construction of any such work as can be secured from the ?Works Progress Administration or any other federal agency shall be secured to aid in the construction of the work and improvements in this ordinance pro- vided for, and for the purpose of securing such money or such labor from any such agencies the Mayor, City Clerk, City Engineer, City k anager and City Attorney of said city are hereby authorized and directed to make and execute such applications and statements and to furnish such other information as may be required by any such agency in order to comply with the requirements of such agency in relation to the furnishing of such aid. The remainder of the cost of such improvements shall be paid for and such cost shall be assessed as in this ordinance hereinafter provided for. Section 10. That for the improving of the above mentioned streets special assessments shall be made for the full cost thereof,, except that portion of such costs as may be received as a grant or aid from any federal or state agencies, according to law, on all lots and -)ieces of land to the center of the block on t either side of the streets to be improved for the curb and gutter improvements j provided for in this ordinance, and for the alley improvements, such special i assessments shall be against all property abutting on said alley, as provided j by law, all according to the appraisers valuation thereof, without regard to the buildings or improvements thereon for the distance to be improved. Section 11, After the passage and publication of this ordinance the Board of Commissioners shall appoint three disinterested appraisers, householders, who after having taken an oath to make a true and impartial appraisement of all lots and pieces of land liable to assessment and taxation for the cost of the improvements herein provided for, shall within five days after having been notified of their appointment proceed to appraise said lots and pieces of land liable to assessment and taxation as aforesaid as may be designated by the Board of Commissioners of said city, without regard to the buildings or improvements thereon, and after making said appraisement shall return the same to the Board of Commissioners of said city and said Board of Commissioners shall designate a time for holding a special session of such Board for the purpose of hearing any complaints that may be made as to the value of any lots or pieces of land appraised as aforesaid, of which special session due notice shall be given in the official city paper, at which special session the Board of Commissioners may alter any valuation of any lot or piece of land if, in their opinion, the same has been appraised too high or too low. Section 12. That for the purpose of paging the cost of the work and improve- ments in this ordinance provided for, except such portion of such cost as may be received as a grant or as aid from any federal or state agencies, the Board of Com- missioners are hereby authorized and directed to issue internal improvement bonds of the City of Salina in an amount not to exceed the cdntract price or cost of such improvements and to run for a period of ten years and be payable in ten equal in- j stallments, together with interest not to exceed 57 per annum, which bonds shall be made payable at the Fiscal Agency of the State of Kansas; and for the purpose of paying principal and interest on said bonds as they severally become due and payable the Board of Commissioners shall apportion and assess against the lots and piece of land within the taxing district of such improvements special assessments covering the cost of such improvements and the apportionment therein contained shall hold good for all the installments that are to be collected from the specific property chargeable with said improvements. Such assessment and apportionment ordinance shall contain i the total amount of tax apportioned to each tract, piece and parcel of land within the taxing districts and shall state the number of annual installments in which such tax is to be collected; and thereafter the City Clerk shall annually, at the same ti,ae other taxes are certified, certify to the County Clerk of Saline County, Kansas, a full i list of all property liable for such work and improvements, together with the respective amounts due on each of said tracts, pieces and parcels of land, which amounts shall include the annual installments and interest on all unpaid balances for one year at the rate of not to exceed 51f. per annum, on such amounts so certified which shall be collected as other taxes are collected; PROVIDED, that for the purpose of defraying the cost of improving the intersections and areas formed by the crossing of streets and alleys, and for the grading of said streets between the curb and gutter so to be constructed on each side thereof, where the same is provided for in this ordinance as well as where the improvements is through or adjacent to property of the city for which the city would be liable the assessment will be made against all taxable property of the city and paid by the city at large, except such portion thereof as may be secured as a grant from any federal or state agency. A Section 13. This ordinance shall take effect and be in force from and i after its publication once in the official city paper. Introduced, April 22, 1940 Passed, April 29, 1940 Ed Morgenstern Mayor Attest: Chas, E. Banker City Clerk STATE OF KANSAS ) SS COUNTY OF SALINE ) i I, Chas. E. Banker, City Clerk of the City of Salina, Kansas, do hereby certify that the above and foregoing is a true and correct copy of ordinance No. 4970 passed and approved by the Board of Commissioners of the City of Salina, Kansas April 29, 1940; and a record of the vote on its final adoption j is found on page /,c Journal No. 15. f v City Clerk I ! j �J (Published in the Salina Journal 1940) ORDINANCE N0. 4970 AN ORDINANCE providing for the curbing and guttering and grading of Oakdale Avenue from the north line of Ash Street to the south -line of Elmbtreet; Tenth Street from the center line of Pacific Avenue to the center ane off` Harsh Avenue; Frost Street from the west line of Eleventh Street to the east nne of an Street; Brown Street from the west line of Eleventh Street to the eas line o?-'gherman Street; Tenth Street from the south line of Franklin Street to a point-`$�O`ee south of the south line of Franklin Street; and for the paving and grading of the alley lying between Santa Fe Avenue and Fifth Street from the soMi line of Ash Street to the north line of Iron Avenue and proviking for the cost of such ii;provements and how the same shall be assessed and the manner of payment therefor#. AHEREAS, by Resolutions No. 778, 779, 780, 781, 782 and 783, duly adopted by the Board of Commissioners of the City of Salina noxi March 18, 1940},}said Board of Commissioners have declared that they deem it necessary to improve certain portions of certain streets and alleys in the City of Salina to the extent provided for in said resolutions and as hereinafter provided for and within the limits provided for in said resolutions and as hereinafter provided for, and WHEREAS, said resolutions were each duly published for six days in the Salina Journal, a daily (except Sunday) newspaper in said city and the official city paper and no sufficient protest, or any protest, against said improvements or any of them have been filed within the time and in the manner provided by law; NOW THEREFORE BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. That it is necessary and it is hereby ordered that Oakdale Avenue from the north line of Ash Street to the south line of Elm Street be curbed and guttered and that such street within such limits be excavated and graded to such extent as may be necessary for the completion of said work, and that said street be graded between the curb and gutter so constructed, to conform to the grade of such curb and gutter, and that at the intersection of streets and alleys said curb and gutter shall be carried back to the lot line of the street so improved, the distance between such curb and gutter on each side of said street to be 28, feet from toe to toe of gutter. Section 2. That it is necessary and it is hereby ordered that Tenth Street from the center line of Pacific Avenue to the center line of Harsh Avenue be curbed and guttered and that such street within such limits be excavated and graded to such extent as may be necessary for the completion of said work, and that said street be graded between the curb and gutter so constructed, to conform to the grade of such curb and gutter, and that at the intersection of streets and alleys said curb and gutter shall be carried back to the lot line of the street so improved, the distance between such curb and gutter on each side of said street to be 28 feet from toe to toe of gutter. Section 3. That it is necessary and it is hereby ordered that Frost Street from the west line of Eleventh Street to the east line s of Sherman Street be curbed and guttered and that such street within such limits be excavated and graded to such extent as may be necessary for the completion of said work, and that said street be graded between the curb and gutter so constructed, to conform to the grade of such curb and gutter, and that at the intersection of streets and alleys said curb and gutter shall be carried back to the lot line of the street so improved, the distance between such curb and gutter on each side of said street to be 28 feet from toe to toe of gutter. Section 4. That it is necessary and it is hereby ordered that Brown Street from the treat line of Eleventh Street to the east line of Sherman Street be curbed and guttered and that such street within such limits be excavated and graded to such extent as may be necessary for the completion of said work, and that said street be graded between the curb and gutter so constructed, to conform to the grade of such curb and gutter, and that at the intersection of streets and alleys said curb and gutter shall be carried back to the lot line of the street so improved, the distance between such curb and gutter on each side of said street to be 28feet from toe to toe of gutter. Section 5. That it is necessary and it is hereby ordered that Tenth Street from the south line of Franklin Street to a point 300 feet south of the south line of Franklin Street be curbed and guttered and that such street within such limits be excavated and graded to such extent as may be necessary for the completion of said work, and that said street be graded between the curb and gutter so constructed, to conform to the grade of such curb and gutter, and that at the inter- section of streets and alleys said curb and gutter shall be carried back to the lot line of the street so improved, the distance between { such curb and gutter on each side of said street to be 28 feet from toe to toe of gutter. Section,6"0 That it is necessary and it is hereby ordered that the alley lying between Santa Fe Avenue and Fifth Street from the south line of Ash Street to the north line of Iron Avenue be paved)!) and that such alley within such limits be excavated and graded to such extent as may be necessary for the completion of said work. Section ,7.' For the work and improvements herein provided for in the preceding sections of this ordinance the City Engineer shall make and file with the City Clerk on or before May 80 1940 complete plans and specifications for the improvements to be constructed as provided for in this ordinance including the excavation and grading as herein provided for with the following materials: Concrete Combined Curb and Gutter; six inches in width, 12 inches in heighth at back, and 24 inch gutter. CD Alley Paving: Six inch reinforced concrete. and said City Engineer shall on or before the same date submit to the Board of Commissioners under oath detailed estimates of the cost of such work and improvements with such materials; provided that separate plans, specifications and estimates shall be made and filed by the City Engineer for each of the separate improvements provided for in the preceding sections of this ordinance, Section 9 That after such plans and specifications shall have been made and prepared by the City Engineer and filed with the City Clerk as afore- said the Board of Commissioners may advertise by advertisement published in the official city paper of the City of Salina, Kansas for three consecutive q days for the receipt of sealed proposals for the improving of- All. -street with the kind of material named and specified in the preceding section.here- of, and for the excavating and grading necessary for the completion of such work, and after the receipt of such proposals the said Board of Commissioners r 7' may and are hereby authorized to let contracts for the i-mproving}of-eaid met!§ with the material selected by them to the lowest responsible bidder or bidders therefor, as determined by said Board of Commissioners, and for such excavating and grading. Said Board of Commissioners reserve the right to reject any and all bids; PROVIDED, that if no responsible bid shall be received for any of such work within the estimate made and filed by the City Engineer covering such work, the Board of Commissioners shall proceed to con- struct said improvements or any part thereof within the estimated cost thereof under the direction of the City Engineer and shall purchase the necessary tools, apparatus, materials and employ the necessary labor for the purpose of construe*- ing such improvements or any portion thereof for which contracts are not let. Section 9. That such portion of the cost of such improvements as can be secured for such purpose shall be paid from money to be secured from the Federal Emergency Administration of public Works or from the Works Progress Administration or from other federal or state agencies as may be authorized to advance money or make grants for such purposes under the provisions of the Acts of Congress of the laws of the State of Kansas in such cases made and provided relating to the granting of money for such purposes or such portion of the labor as may be necessary in the construction of any such work as can beisecured from the Works Progress Administration or any other federal agency shall be secured to aid in the construction of the work and improvements in this ordinance pro- vided for, and for the purpose of securing such money or such labor from any such agencies the Mayor, City Clerk, City.Engineer, City Manager and City Attorney of said city are hereby authorized and directed to make and execute such applications and statements and to furnish such other information as may be required by any such agency in order to comply with the requirements of such agency in relation to the furnishing of such aid. The remainder of the cost of such improvements shall be paid for and such cost shall be assessed as in this ordinance hereinafter provided for. Section 30. That for the aving..of--the- -above mienti'oned streets spe cial assessments shall be made for the full cost thereof, except that portion of such costs as may be received as a grant or aid from any federal or state agencies, according to law, on all lots and pieces of land to the center of the block on either side of the streets to be improved for the curb and gutter improvements provided for in this ordinance, and for the alley improvements, such special assessments shall be against all property abutting on said alley, as provided by law, all according to the appraisers valuation thereof, without regard to the buildings or improvements thereon for the distance to be improved. d Section 31. After the passage and publication of this ordinance the Board of Commissioners shall appoint three disinterested appraisers, house- holders, who after having taken an oath to make a true and impartial appraise- ment of all lots and pieces of land liable to assessment and taxation for the cost of the improvements herein provided for, shall within five days after having been notified of their appointment proceed to appraise said lots and pieces of land liable to assessment and taxation as aforesaid as may be designated by the Board of Commissioners of said city, without regard to the buildings or improvements thereon, and after making said appraisement shall return the same to the Board of Commissioners of said City and said Board of Commissioners shall designate a time for holding a special session of such Board for the purpose of hearing any complaints that may be made as to the value of any lots or pieces of land appraised as aforesaid, of which special session due notice shall be given in the official city paper, at which special session the Board of Commissioners may alter any valuation of any lot or piece of land if, in their opinion, the same has been appraised too high or too low. Section 1-2. That for the purpose of paying the cost of the w6rk and improvements in this ordinance provided for, except such portion of such cost as may be received as a grant or as aid from any federal or state agencies, the Board of Commissioners are hereby authorized and directed to issue internal improvement bonds of the City of Salina in an amount not to exceed the contract price or cost of such improvements and to run for a period of ten years and be payable in ten equal installments, together with interest not to exceed 5% per annum, which bonds shall be made pay- ablest the Fiscal Agency of the State of Kansas; and for the purpose of paying principal and interest on said bonds as they severally become due and payable the Board of Commissioners shall apportion and assess against the lots and pieces of land within the taxing district of such improvements special assessments covering the cost of such improvements and the apportion- ment therein contained shall hold good for all the installments that are to be collected from the specific property chargeable Arith said improvements. Such assessment and apportionment ordinance shall contain the total amount of tax apportioned to each tract, piece and parcel of land within the taxing districts and shall state the number of annual installments in which such tax is to be collected; and thereafter the City Clerk shall annually, at the same time other taxes are certified, certify to the County Clerk of Saline County, Kansas, a full list of all property liable for such work and im- provements, together with the respective amounts due on each of said tracts, pieces and parcels of land, which amounts shall include the annual install- ments and interest on all unpaid balances for one year at the rate of not to exceed 5% per annum, on such amounts so certified which shall be collected as other taxes are collected; PROVIDED, that for the purpose of defraying the cost of improving the intersections and areas formed by the crossing of streets and alleys, and for the grading of said streets between the curb and gutter so to be constructed on each side thereof, where the same is provided for in this ordinance as well as where the improvements is through or adjacent to property of the city for which the city would be liable the assessment will be made against all taxable property of the city and paid by the city at large, except such portion thereof as may be secured as a grant from any federal or state agency. Section 15. This ordinance shall take effect and be in force from and after its publication once in the official city paper. Introduced, April 22, 1940 Passed, April 29, 1940 Attest: _— City` Clerrc mayor